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In 2007, Michael and Chantell Sackett received an administrative compliance order from the U.S. Environmental Protection Agency to halt construction on their new home as the property contained “wetlands” that EPA considered “navigable waters.” In 2008, the Sacketts sued the EPA under the Administrative Procedure Act. The lower courts held EPA compliance orders were not subject to the APA, but the Supreme Court ruled otherwise.
In 2012, the Sacketts challenged the EPA’s definitions of waters of the U.S., asking the courts to reconsider whether water is under Congress’s commerce clause authority.
Since 2012, presidential administrations have sought to define waters of the U.S., and farmers, ranchers, and producers have operated under at least five definitions of “water” in the last ten years. In January 2023, the Biden Administration published its final WOTUS rule.
I have been fighting against President Biden’s overreaching WOTUS rule since the beginning.
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